📑 Table of Contents
📋 Quick Overview
The Bharatiya Nyaya Sanhita provides several sentencing options to courts, ranging from community service for minor offences to the death penalty for the most serious crimes.
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Types of Punishment Under BNS
Section 4 BNS lists the punishments available to courts: death, imprisonment for life, imprisonment (rigorous or simple), forfeiture of property, fine, and community service (introduced as a new punishment under BNS).
The court determines the appropriate sentence based on the nature of the offence and circumstances.
Death Penalty
The death penalty is reserved for the rarest of rare cases under BNS. It is available for: murder (Section 103), dacoity with murder (Section 163), and certain terrorism-related offences. The Supreme Court's 'rarest of rare' doctrine guides its imposition.
Before imposing death, the court must hear the accused on sentencing (Section 388 BNSS).
Community Service
Community service is a new sentencing option introduced by BNS. It applies to specific minor offences. The court determines the nature and duration of community service.
This is a significant reform reflecting modern criminal justice thinking.
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Frequently Asked Questions
What is the difference between rigorous and simple imprisonment?+
Can the court order community service instead of imprisonment?+
What factors does the court consider at sentencing?+
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